A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 5, 2011, the Defendant received a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Changwon District Court. On April 8, 2016, the Defendant issued a summary order of KRW 7,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Changwon District Court.

On November 28, 2019, at around 00:42, the Defendant driven a DM7 car in the state of alcohol with approximately 8km alcohol concentration of 0.162% in the section of approximately 8km from the road near the Seongbuk-gu, Changwon-si, Sungwon-si to the road in front of the Changwon-si, Changwon-si.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Reports on the statement of the state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports, and application of two copies of summary order-order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions under Article 51 of the Criminal Act, such as Defendant’s age, character and conduct, economic situation, motive for committing the crime and circumstances after committing the crime, etc., shall be determined as ordered by the court below.

[Unfavorable Circumstances] The O's current Road Traffic Act was amended to achieve the general preventive effect of punishment by strengthening the control standards and statutory punishment for drunk driving and eradicating social damage caused by drunk driving.

O Drinking is likely to lead to traffic accidents in case of drinking driving by affecting people's physical ability, and drinking driving is highly likely to lead to traffic accidents, and the risk of recidivism is high.

Although the Defendant was punished three times due to drinking driving, including the previous conviction stated in the judgment, he re-driving without the awareness of the danger of drinking driving.

O The degree of the defendant's exploitation is according to general standards.